Beruflich Dokumente
Kultur Dokumente
17
UNITED STATES DISTRICT COURT
18
FOR THE NORTHERN DISTRICT OF CALIFORNIA
19
OAKLAND DIVISION
20
21 EPIC GAMES, INC., ) Case No. 4:20-cv-05640-YGR-TSH
)
22
Plaintiff, Counter-defendant, ) EPIC GAMES, INC.’S
) TENTATIVE TRIAL WITNESS LIST
23
v. )
24 ) The Honorable Yvonne Gonzalez Rogers
APPLE INC., )
25 ) Trial: May 3, 2021
26 Defendant, Counterclaimant. )
)
27
28
1 Pursuant to Pretrial Order No. 1 (ECF No. 371) and the Court’s Standing Order re: Pretrial
2 Instructions in Civil Cases, Plaintiff and Counter-Defendant Epic Games, Inc. (“Epic”) files its
3 tentative list of trial witnesses, other than for impeachment or additional rebuttal, reserving its
4 rights to supplement or amend its list for good cause or in response to revisions by Apple Inc.
5 (“Apple”) to Apple’s witness list and other pre-trial disclosures. Epic also reserves the right to
6 substitute deposition designations for live testimony, and vice versa, including based on the
7 availability or non-availability of any witness to appear at trial. Attached hereto as Exhibits 1 to
8 18 are the curricula vitae of Epic’s expert witnesses and summaries of their opinions, redacted for
9 information designated by Apple under the Amended Protective Order (ECF No. 274).
10 DATE: March 19, 2021 CRAVATH, SWAINE & MOORE LLP
11 /s/ Katherine B. Forrest
Katherine B. Forrest
12
FAEGRE DRINKER BIDDLE & REATH LLP
13 PAUL J. RIEHLE (SBN 115199)
Four Embarcadero Center, 27th Floor
14 San Francisco, CA 94111
15 Telephone: (415) 591-7500
Facsimile: (415) 591-7510
16 paul.riehle@faegredrinker.com
28
Fact Witnesses
1
2 Witness Epic’s Brief Statement of Estimated Estimated Estimated Appearance
Substance of Testimony Length of Length of Length of
3 Direct Cross- Re-Direct
4 Examination Examination Examination
5 Epic Witnesses
6 Steve Allison, Epic Games Store (business) 30 minutes 45 minutes 10 minutes Live, in person
General Manager,
7
Epic Games Store
8
Andrew Grant, Epic’s membership in the Apple 1 hour 30 minutes 10 minutes Live, in person
9 Engineering Fellow* Developer Program; engineering
and development of Epic’s
10 products for various platforms;
11 Epic Direct Payment on iOS
12 Thomas Ko, Senior Epic’s payment processing 30 minutes 1 hour 15 minutes Live, in person
Director, Head of services; Apple’s payment
13 Online Business processing services; Epic Direct
14 Strategy and Payment on iOS
Operations
15
Joseph Kreiner, Vice Epic Games Store (business); 30 minutes 1 hour 20 minutes Live, in person or
16 President of Business Epic’s business relationships may request leave
17 Development with console partners to appear remotely
9 Trystan Kosmynka, App Store review policies and 45 minutes 2 hours 30 minutes Live, in person or
Senior Director, App practices; iOS and macOS by Deposition
10 Review engineering, security and privacy Designation
11 issues; and/or the subjects of
designated testimony
12
Michael Schmid, App Store business strategy; App 20 minutes 1 hour 10 minutes Live, in person
13 Head of Games Store policies and practices;
14 Business Apple’s market power over iOS
Development, App developers; differences between
15 Store gaming on mobile and other
platforms; allegations about
16 Epic, including Epic’s
17 relationship with Apple and
other platform providers
18
19
20
EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST
21 Case No. 4:20-cv-05640-YGR-TSH
-5-
22
Case 4:20-cv-05640-YGR Document 376 Filed 03/19/21 Page 6 of 14
18
19
20
EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST
21 Case No. 4:20-cv-05640-YGR-TSH
-9-
22
Case 4:20-cv-05640-YGR Document 376 Filed 03/19/21 Page 10 of 14
Expert Witnesses
1
2
Witness Summary of Theory and Estimated Estimated Estimated Appearance
3 Conclusions and Bases Length of Length of Length of Re-
Therefor and CV Direct Cross- Direct
4 Examination Examination Examination
5
Susan Athey, See expert disclosure served 1 hour / 1.5 hours 30 minutes Live, in person
6 Economics of February 16, 2021
Technology Professor, 40 minutes
7 Stanford University (with potential
Graduate School of written direct)
8
Business*
9
Ned S. Barnes, See expert disclosure served 30 minutes / 1 hour 20 minutes Live, in person
10 Managing Director, February 16, 2021
Berkeley Research 15 minutes
11 (with potential
Group*
12 written direct)
13 Michael I. Cragg, See expert disclosure served 1 hour and 30 1 hour 20 minutes Live, in person
Principal and Chairman, March 15, 2021 minutes /
14 The Brattle Group*
1 hour (with
15
potential written
16 direct)
17
18
19
20
EPIC GAMES, INC.’S TENTATIVE TRIAL WITNESS LIST
21 Case No. 4:20-cv-05640-YGR-TSH
- 12 -
22
Case 4:20-cv-05640-YGR Document 376 Filed 03/19/21 Page 13 of 14